Gershner v. Scott-Mayer Commission Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; James H. Stevenson, Judge; 1. There is no evidence that appellant was actually a member of the firm to whom .the credit was extended; and unless it is shown that he. held himself out to appellee as a member of such firm, he is not estopped to deny it. 22 Am. & Eng. Enc. of R. 59; 80 Ark. 23, 29; 18 Am.
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Appeal from Pulaski Circuit Court; James H. Stevenson, Judge; 1. There is no evidence that appellant was actually a member of the firm to whom .the credit was extended; and unless it is shown that he. held himself out to appellee as a member of such firm, he is not estopped to deny it. 22 Am. & Eng. Enc. of R. 59; 80 Ark. 23, 29; 18 Am. St Rep. 282; m U. S. 529; 27 R. R. A. 126. There is no liability for after-extended credit where there has been no representation of membership in the firm to whom credit is extended, but merely an expression of intention or willingness to become such. 22 Am.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the Scott-Mayer Commission Company against A. Gershner on a verified account for merchandise sold and delivered by plaintiff to the firm of Gershner & Rosenthal,.of which defendant is alleged to be a member. Plaintiff also contends that, even if defendant was not a member of said firm, he held himself out to plaintiff as such. The issues -were tried before a jury, and a verdict and judgment resulted in favor of plaintiff.
Defendant’s first insistence is that there is not sufficient evidence to sustain the verdict. There is a sharp conflict in the testimony, and…
2Cases cited4 opinions
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
- Herman Kahn Co. v. BowdenSupreme Court of Arkansas · 1906
- Shinn v. TuckerSupreme Court of Arkansas · 1881
- Fain v. GoodwinSupreme Court of Arkansas · 1879
3Cited by13 opinions
- Chavers v. Epsco, Inc.Supreme Court of Arkansas · 2003
- Harvey v. CastleberrySupreme Court of Arkansas · 1975
- Fones Bros. Hardware Co. v. MearsSupreme Court of Arkansas · 1930
- Firestone Tire & Rubber Co. v. WebbSupreme Court of Arkansas · 1944
- Sneider v. Big Horn Milling Co.Wyoming Supreme Court · 1921
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